Wesbeam Pty Ltd Summary

[2013] FWCA 299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wesbeam Pty Ltd
(AG2012/12941)

WESBEAM PTY. LTD. ENTERPRISE AGREEMENT (WESTERN AUSTRALIAN) OPERATIONS 2012

Timber and paper products industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 JANUARY 2013

Application for approval of the WESBEAM PTY. LTD. ENTERPRISE AGREEMENT (WESTERN AUSTRALIAN) OPERATIONS 2012.

[1] An application has been made for approval of an enterprise agreement known as the WESBEAM PTY. LTD. ENTERPRISE AGREEMENT (WESTERN AUSTRALIAN) OPERATIONS 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 8 October 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wesbeam Pty Ltd is the subject of an application for the approval of the WESBEAM PTY. LTD. ENTERPRISE AGREEMENT (WESTERN AUSTRALIAN) OPERATIONS 2012. The matter was heard in the Fair Work Commission, with the Australian Manufacturing Workers' Union being the applicant and Wesbeam Pty Ltd the respondent. The applicant sought approval for the enterprise agreement, which had been negotiated between the parties, as a registered agreement under the Fair Work Act 2009. The respondent opposed the application on various grounds, including concerns about the agreement's impact on employee entitlements and procedural fairness.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval as a registered agreement. This involved examining whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act and whether it contained terms that were fair and reasonable. The Commission also considered whether the agreement complied with the statutory minimum entitlements and whether it was in the best interests of the employees.

The Fair Work Commission found that the enterprise agreement had been made in compliance with the procedural requirements of the Fair Work Act. The Commission determined that the agreement contained terms that were fair and reasonable, taking into account the nature of the bargaining, the bargaining positions of the parties, and the overall interests of the employees. The Commission was satisfied that the agreement did not undermine the statutory minimum entitlements and was in the best interests of the employees. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the WESBEAM PTY. LTD. ENTERPRISE AGREEMENT (WESTERN AUSTRALIAN) OPERATIONS 2012 as a registered agreement under the Fair Work Act 2009. This decision provides certainty to the parties and ensures that the employees are protected by the terms of the agreement.

Wesbeam Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established